Privacy Policy of SIAM KUBOTA Corporation Co, Ltd. and Consent Form

SIAM KUBOTA Corporation Co., Ltd. (“Company”) values and respects the protection of your privacy under the Personal Data Protection Act B.E. 2562, as amended from time to time, as well as other applicable laws and rules in Thailand (collectively “the PDPA”), which is the applicable law in Thailand. The Company intends to protect your Personal Data that the Company collects, uses, or discloses during the course of our business activities. The Company has the obligations as indicated in any laws regarding the personal data protection, privacy, or data security that are applicable and effective in Thailand. This Policy is made as part of the Company’s efforts to fulfil the objectives of this Policy, and to comply with the PDPA.

Scope of this Policy

This Policy explains the Company’s practice concerning privacy; objectives for the collection, use, or disclosure of Personal Data; the types of Personal Data that the Company may collect, use, or disclose; the intended use of Personal Data; third parties to whom we may disclose Personal Data; the collection and retention of Personal Data; how you can access or request changes to your Personal Data that is held by the Company; and how you can complain if you view that the Company has violated the PDPA.

Please read this Policy carefully.

Definitions

“Affiliate” means Siam Kubota Leasing Co., Ltd., Kubota Research & Development Asia Co., Ltd.; Kubota Corporation (Japan) (as a shareholder), Siam Cement Group and its affiliates (as shareholders), or any new companies which their shares are held by the Company, including representatives of such companies.

“Personal Data” means any information relating to a person, which enables the identification of such person, whether directly or indirectly, or which can be used to distinguish or trace an individual’s identity, whether by reference to such information alone, or when combined with other identifying information.

“Sensitive Personal Data” means any information as specified in Section 26 of the Personal Data Protection Act, as amended from time to time, as well as other applicable laws and rules, such as data related to race, ethnicity, political opinions, religious or philosophical beliefs, sexual behavior, criminal backgrounds, health information, disability, labor union information, genetic data, biometric data, or any other information that similarly affects the data subject.

“Processing” means the collection, use, and disclosure of Personal Data, including any actions performed on Personal Data, as specified in this Policy.

“Data Controller” means a person or a juristic person having the power and duties to make decisions regarding the collection, use, or disclosure of the Personal Data

“Data Processor” means a person or a juristic person who operates in relation to the collection, use, or disclosure of the Personal Data pursuant to the instructions given by or on behalf of a Data Controller, whereby such person or juristic person is not the Data Controller.

This Policy applies to any Personal Data that is collected from, and relates to, any of the following persons: customers, prospective customers, and existing customers, representatives of these persons, and any other persons whose Personal Data may be collected by the Company from time to time. The channels used for the collection of the Personal Data include, but is not limited to, hard copy documents, the websites or applications for any devices made available by the Company, or from third-party channels through which you have provided your Personal Data.

Unless it is expressly specified otherwise, this Policy does not form an integral part of any contract or agreement.

The Company may review and update this Policy from time to time, so that it corresponds with any amendments to the applicable law, including the law on personal data protection, or any changes in our technology, etc. The Company recommends that you regularly visit our website for updates. When we update this Policy, we will inform users by displaying the message ‘Newly updated’ after the link to this Privacy Policy on the Company’s website for 30 days. To comply with the legal requirements, the Company may request for your consent for changes to this Policy.

1. What type of Personal Datadoes the Company collect?

The Company collects only Personal Data that is reasonably necessary for Company’s activities. Personal Data that the Company collects includes, but is not limited to, the following:

• Personal Data of customers and prospective customers, targeted customers, customers of event organizers whom the Company works with, and customers or targeted customers of authorized dealers of the Company;
• Participants, visitors, and organizers of events where the customers’ products are displayed; persons who register to participate in events, exhibitions, or other activities, or who register on any websites or mobile applications made available, or managed, by the Company, any of the Affiliates, or any related companies, which collect Personal Data on behalf of the Company (collectively, “Customers and Visitors” or “You”); and
• Personal Data of your officers, employees, and other representatives who communicate with us (collectively, “Representative”).

The type of Personal Data that the Company may collect depends on the nature of the activities that you have with the Company, your location, and the means used to collect the Personal Data, which may include the following Personal Data:

• Personal information that can be used to identify you, such as your first name and surname, ID card number, passport number, telephone number, email address, postal address or other contact details, your birth date, nationality, occupation, photograph, marital status, information about your dependents, audio recordings, etc.;
• Details about your purchase, purchase orders, or your use of Company’s services;
• Payment information, such as your bank account number, bank account details, billing information, credit or debit card information, credit or debit card number, and the name of the cardholder (if any), etc.;
• In cases where you use any of the Company’s websites or applications, technical information, such as the IP address and cookies, and, in the case of applications, your location and the device used by you; and
• Personal Data about third parties provided to the Company by you, which relates to the purchase, or use, of our products or services, or for client referrals.

Some of the Personal Data collected by the Company may be considered Sensitive Personal Data. The Company intends to collect Sensitive Personal Data only upon your express consent, and as reasonably necessary for our business operations, or as required by law, court orders, or orders of any government agencies, or in cases where you intentionally disclose such data to the public. The Company intends to share Sensitive Personal Data only when the Company deems that it is necessary to be processed for any of the following purposes:

• To prevent or suppress a danger to the life, body, or health of the data subject, when the data subject is incapable of giving the consent by whatever reason;
• To carry out legitimate activities, with appropriate safeguards, of foundations, associations, or any other not-for-profit bodies with political, religious, philosophical, or trade union purposes for their members,
• The Sensitive Personal Data is disclosed to the public with your explicit consent;
• To establish, comply with, exercise, or defend legal claims;
• It is necessary for compliance with the law to achieve purposes relating to scientific, historical, or statistical research, or for other public interests

2. How does the Company collect your Personal Data?

Generally, the Company collects your Personal Data directly from you, such as when you send an email or a letter to us, call us, or come to our office, request a quotation or send an inquiry, provide online feedback, or register to participate in or give contact details for events, exhibitions, sales promotional activities, or other activities, through any websites or applications made available by the Company or any related company (collectively, “Website”).

The Company does not collect Personal Data from visitors of our Website, except for Personal Data you provide and technical data, as described in this Privacy Policy.

In some circumstances, the Company may collect your Personal Data from another person, to whom you may or may not have direct connections. For example, the Company may collect your Personal Data from:

• Your employer, when your employer gives us your contact details;
• Hotels or other event organizers, or their representatives;
• Affiliates or authorized dealers;
• Persons around you, such as your relatives, neighbors, or the head of your village;
• Any group or organization of which you are a member;
• Contractors, vendors or service providers, or suppliers;
• Your representatives;
• Public sources provided by the private sector, any trade association, and/or any government agency, such as on a website, application, online social media (e.g. Facebook), etc.; or
• Any mailing or marketing list that is disclosed to the public sources for commercial purposes.

3. How does the Company use your Personal Data?

The purposes of the collection of your Personal Data for the Processing of your Personal Data include the following:

• To communicate with you; do the Know-Your-Customer procedures; verify your identity; verify any information provided by you to the Company;
• To offer, sell, provide, manage, operate, proceed with, and otherwise handle our products and services for you; communicate with you to respond to your purchase orders; deliver products based on your purchase orders; provide services to you;
• To perform a contract; enter into a contract with you; proceed with management procedures; fulfil and effect your requests or any transactions contemplated herein, or any other documents that you may send to the Company from time to time; analyze risks in respect to the businesses of the Company; collect any outstanding payments from you; amend or terminate a contract; proceed the debt collection process; execute our rights against you with respect to the Company’s products or services;
• To provide the Company’s services and/or products to customers; provide product warranties; provide repair services; provide advice or consultation regarding our products and services; provide information about our products or agricultural knowledge; provide GPS services (if any);
• To improve and enhance our services and/or products;
• To provide any support or assistance in regard to the provision of services and/or products of the Company, in response to your inquiries;
• To receive services and/or products; exercise any contractual rights under the contract between you and the Company; obtain information about services and/or products;
• To communicate with you, including communications about product management or other information about the Company’s products, or any accounts that you may have with the Company, provision of technical support for any of our websites and applications, or communications about any changes relating to this Privacy Policy;
• To process payments; issue invoices; collect expenses or payments; confirm purchase orders; perform any accounting related acts; perform accounting management; perform auditing;
• To examine, prevent, or perform any acts in connection with violation of law and risk prevention, in the case of threatened fraud, money laundering, national security issues, actual or threatened illegal acts, or threats to the lives, health, or safety of other persons;
• To provide information about other products or services which may be of interest to Customers and Visitors, or their representatives (Customers and Visitors, or their representatives, may opt out of receiving this information at any time);
• To ensure the Company’s safety;
• To support the Company to carry out its businesses, such as to provide advertisements, public relations materials, sales promotions, and other communications; improve products or services; organize training; hold marketing activities; perform statistical or marketing analysis; conduct consumer surveys; manage our IT systems, conduct testing and development; maintain the security systems and measures;
• To conduct organizational restructuring or any other transactions which result in your Personal Data being transferred or disclosed as a part of business acquisitions or sales, or business acquisition or sale proposals ;
• To comply with rules; to conduct business audit (both internal audit and external audit);
• To comply with our internal policies;
• To retain, record, backup, or destroy Personal Data;
• To comply with any applicable laws, rules, agreements, or policies set out by a government supervisory authority, law enforcement authority, government agency, dispute resolution agency, or any supervisory authority;
• To provide assistance in respect to law enforcement, or investigations by, or on behalf of, the Company, by police officers, government agencies, or by any other supervisory agencies of any countries or jurisdictions; perform reporting obligations; perform any requirements under law, or as approved by government agencies or any other supervisory agencies of any countries or jurisdictions;
• To fulfil quality control and training objectives, when our communications are recorded;
• To perform general management activities in connection with any of the above objectives; and
• To perform any necessary acts in connection with any of the above objectives.

If the Company collects your Personal Data for any purposes other than those specified above, the Company intends to inform you of such purposes at the time of collection, as required by the PDPA.

For the Processing of Personal Data on lawful basis other than consent, such as when it is necessary for the execution of a contract, performance of a contractual obligation, or the performance of any actions in connection with the provision of our services, except marketing activities and direct marketing, if you refuse to give consent for the Company to process your personal data for the above purposes, the Company may not be able to provide any services to you. For example, the Company may not be able to provide aftersales services, or provide you with consultation about the Company’s products or agriculture.

Direct Marketing

Furthermore, the Company may use Personal Data to provide you with information about events, sales promotions, products, or services, which the Company believes may be of interest to you. You may opt out of receiving any of these communications at any time, by contacting us as per the details below. Your request may lead to certain consequences, which the Company will inform you about, upon our receipt of your request. For example, the Company may no longer be able to provide you with certain services. Regardless, the Company may continue to contact you for other purposes in connection with any products or services provided to you by the Company, or the Affiliates, or as described elsewhere in this Privacy Policy.

4. In which case and how does the Company disclose your Personal Data to a third party?

The Company does not sell Personal Data to third parties, but the Company may share data in the form of anonymized or de-identified Data to third parties.

The Company intends to disclose Personal Data only for the original purpose for which the data was collected, or for related purposes, for our business operations or management, including when it is necessary for the provision of products or services as per your requests, supporting the Company in business operations, or for security purposes, as described above.

Furthermore, sometimes the Company may disclose your Personal Data to third parties, for the original purpose for which data was collected, or for related objectives. For example, the Company may disclose your Personal Data if it is necessary for the delivery of our products or services, or for your participation in activities, as requested by you, for the Company’s business operations, for security purposes, or for compliance with the law.

The Company may share your Personal Data to any of the following persons:

• Authorized dealers;
• Our Affiliates, in any countries;
• Organizers, advertisers, and sponsors of events or exhibitions;
• Hotels or other event organizers, or their representatives, relating to events or exhibitions;
• Customers of companies relating to events or exhibitions;
• Contractors, service providers, suppliers, and other agents, who act on behalf of the Company or who are retained by the Company, such as event-related service providers, banking or financial service providers, hosting service providers, cloud application or network providers, event registration service providers, domestic and overseas tourism service providers, security service providers, auditing service providers, legal service providers, insurance service providers, marketing survey service providers, email management service providers, postal service providers, representatives and agents that sell or promote products and services on our behalf, auction service providers, each of which may not be based in Thailand, and which may be based in a country where personal data protection standards are inadequate, or sub-standard, when compared to the PDPA;
• Banks or financial institutions, as the case may be;
• Any persons to whom you agree to provide your Personal Data;
• Persons engaged in the sale of the Company’s business, in whole or in part, a merger, or acquisition; and
• Any persons or government agencies, as required by the law, court orders, or orders of any supervisory authorities.

The Company may hire third parties to fulfil any of the above purposes, whether in whole or in part, or for the development or maintenance of our system. In such cases, the Company will control and put in place measures to ensure that such third parties will store and use Personal Data strictly in accordance with this Policy, including any data security requirements and conditions, and the PDPA.

5. Personal Data retention

The Company will collect, use, disclose, and retain your Personal Data throughout our relationship with you, such as throughout the sale and purchase of our products. Upon the end of our relationship with you, the Company will retain your data, including Personal Data, only as necessary for the fulfilment of the above purposes, which in no case shall exceed 10 years from the end of our relationship with you, except where it is necessary for the Company to retain your Personal Data for more than 10 years, to the extent that it is so permitted by law.

6. Our website

When you visit publicly accessible pages on our website, the server of our website will keep log records, as well as the following data:

• Your IP address, which simply is a unique address that identifies your computer when it is connected to the Internet;
• Your search words;
• The operating system and Internet browser that you are using; and
• The information downloaded by you (such as web pages, document files, and software), and the time of such downloading.

The above data will be used only for statistical purposes, to enable the Company to know which part of the Website is visited most frequently, so that the Company knows how to improve the Company’s services.

If you contact the Company, register through any of our websites, or email us, the Company intends to use your Personal Data only in response to your requests or inquiries. If your consent is given as required by law, the Company may add your email address to your contact details for mailing purposes. You may opt out of receiving information about the Company, events, sales promotions, or products and/or services of the Company.

As for any restricted parts of our website, the Company will use cookies, which are tools that recognize your device and record certain information during your visit to our website using the same device. The website uses cookies in order to better respond to you when you use certain parts of the website. The information collected and analyzed by the Company includes information about your computer and connections, such as the type and version of the browser being used by you, the type and version of the browser plug-ins being used by you, your operating system, and your language preference. Such information does not relate to, and cannot identify, a person. You may change your browser settings so that your browser does not detect cookies, or to disable cookies.

It is important that you do not share your password with anyone, and you do not allow any person to access your computer without your authorization. You should log out every time, if you access our website through a shared computer.

Other websites

The Company’s website may contain links to third-party websites. The Company does not control these websites, and the Company is not responsible for their practice concerning data and privacy.

Furthermore, the Company may operate, or make available, websites or applications for third parties, including customers, when they participate in exhibitions or events. These websites belong to customers or other third parties, and these applications are made available only for such exhibitions. The Company is not responsible for the data privacy practice of such customers and third parties.

Before you disclose your personal data to any websites linked from our website, or any websites or mobile applications operated or made available by the Company for third parties, the Company recommends that you read their privacy policies, and the terms and conditions of such websites or applications.

7. Minors

The Company does not know the age of each visitor to our website. If you are a parent or legal guardian of a minor who provides their Personal Data to the Company without your knowledge and consent, you may contact the Company and request to delete such data, in accordance with this Privacy Policy. For the purpose of this Policy, a minor is anyone who is below 20 years of age.

8. Your rights

1. You may withdraw your consent any time, unless it is otherwise specified by law. Withdrawal of your consent will not affect the lawfulness of any data processing based on your consent before its withdrawal.
2. You have the right to request that we delete or destroy your Personal Data that is in our possession or control, or request that such data be anonymized.
3. You have the right to request the portability of your Personal Data in the readable format to another Data Controller, which is subject to legal requirements.
4. You have the right to object to the Processing of your Personal Data, or the suspension of the use of your Personal Data, except as requested in accordance with the relevant legal provisions.
5. You have the right to request access to, and obtain a copy of, your Personal Data that is held by us. Any such request will take 30 days to process, unless otherwise specified by law.
6. You have the right to request that the Company keep your Personal Data accurate, complete, and updated. In this regard, in every process of the operations of the Company, the Company will proceed possible actions to ensure that your Personal Data is accurate, complete, and updated.
7. You have the right to file complaints with officers, or any supervisory authorities, in regard to personal data protection.

9. Contact us

Should you have any questions about this Privacy Policy, or wish to exercise any of your rights concerning the Processing of your Personal Data, please contact the Company at: [email protected], or call: 02-9091234.